Dispute Resolution

Practice Areas > Dispute Resolution

'Long-term sustainable business relationships are more effective than a short-term quick win'

The world of commerce

In the world of commerce, it is inevitable that you will be confronted with difficult and often unpalatable commercial dilemmas and disputes. Even if you are the most scrupulous and honourable business person, it is likely that at some stage during your commercial career, you will come across those who do not share your ideals.

When a dispute arises, you will be forced to protect your legal rights, highlighting the importance of having initial agreements in place. Many disputes arise due to lack of documentation and lack of clarity of terms. The greater the effort that is placed on defining the initial agreement, the lower the risk of litigation arising. Litigation is costly and uncertain - for astute commercial citizens who strive for harmonious commercial relationships, it should be viewed as a last-resort means of protecting one's contractual rights.

However, should a dispute arise (due to commercial transactions and relationships with an unscrupulous business person; or inadequate preparation and definition of your initial agreement), we are well-prepared and highly experienced in providing litigation support and advice.

Not all commercial disputes arise from contractual inadequacy. We also have significant litigation experience in other areas such as:

· General commercial disputes;

· Intellectual property disputes over brands, trade marks and registered designs;

· Directors' duties;

· Trade practices issues;

· Royal Commissions;

· Insolvent trading; and

· Wills and estates.

Our approach

mdp aims to provide realistic, direct advice which protects your business interests, and to maximise the most cost-effective and realistic chances of success. Our approach is underpinned by the philosophy: 'long-term sustainable business relationships are more effective than a short-term quick win'. We place emphasis upon sustainability - minimising the risk of litigation by initially drafting a well-considered and well-documented agreement that provides a win-win commercial outcome for both parties.

An agreement that is commercially fair and well-communicated reduces the risk of litigation in the future - if it is not so drafted, it may lead to disputes which could result in litigation.


Jurisdiction

Whilst we have litigation experience at all levels, our focus is in the superior courts -Supreme Court and Federal Court - due to the commercial nature of our practice.

Dispute Resolution Publications

· Case Study: Re Locktronic Systems Pty Ltd

· Case Study: DTA Australia Pty Ltd registered design enforcement action

· Case Study: Oil for Food Inquiry